On Tuesday, Donald Trump sat in court with his arms crossed over his chest and staring at him while his attorney pleaded not guilty to 37 federal charges, including espionage, conspiracy and obstruction charges. Hours later, speaking at a rally and candlelight dinner at a golf club in Bedminster, New Jersey for donors who paid $100,000 apiece for their honor, Mr. Trump found his voice and became an issue. declared that it “has every right to keep” confidential documents.

The day’s events reflected political and legal tactics such as Janus’ that President Trump would follow. Outside the court, he drums and raises funds in what he calls a witch hunt. In court, his team will try to stay the trial they are unlikely to win on the merits.

President Trump is embarking on a bizarre conspiracy to delay the case until he is elected president in 2024 and closes the case. At that point, President Trump would simply order the Justice Department to stop.

Note that Trump does not have to take the legal risk of pardoning himself at that point. Even if he were swiftly convicted, the mandate of the person President Trump appointed made that much less likely. Judge Eileen Cannon His conviction is almost certainly pending appeal until January 2025, and he would simply have to order the department to drop the case.

How can Trump, instigated by Canon, maximize the delay? A series of pretrial motions, while lacking more or less merit, are likely to take a considerable amount of time.

We already have a good idea of ​​what those moves will look like. The first person is likely to try to dismiss the charges on the grounds of prosecutorial misconduct.

It was the issue that Trump’s lawyers foolishly chose to highlight in their last-ditch effort to get Justice Department officials to drop the charges. Former Trump attorney Timothy Perlatore also suggested it would be the subject of Trump’s first motion to Cannon.

His team’s cheating allegations are very vague and scattered. The most specific ones are Conversation between Justice Department Attorney Jay Bratt and Stanley Woodward, representing Mr. Trump’s valet and co-defendant in the case, Walt Nauta. Woodward was reportedly referring to Bratt’s application for his own judicial candidacy, and the implication was that Bratt would be the judge’s nominee by vigorously representing Nauta. This suggests that it may jeopardize one’s position as a person.

It is a questionable charge in light of the facts. The Justice Department’s Criminal Division has nothing to do with judicial appointments, and Mr. Blatt seems too experienced and respected for such a vile attempt at intimidation.

More importantly, Trump’s shrill allegations of wrongdoing are unlikely to be legally permissible. Both the Supreme Court and the 11th Circuit have made it clear that prosecutorial misconduct allegations are rarely sufficient to dismiss such criminal charges. While a disenfranchised defendant may have other remedies, courts require that in order to dismiss an indictment, the defendant must ensure that the alleged wrongdoing “has materially influenced a grand jury’s decision to indict.” The Court ruled that it was necessary to show that the Score.

To no avail, countless defendants have lashed out at prosecutorial misconduct far more serious than what President Trump alleges.

Even if Judge Cannon decides, Trump’s allegations are unlikely to lead to the dismissal of the charges. But he still can and intends to file a motion, which could take more than a few months, no matter how hopeless the prospects are. In support of the motion, Trump’s lawyers are likely to seek evidence hearings aimed at removing prosecutors and questioning grand juries, but the government will clearly oppose them. And if Mr. Cannon is as lenient with these dubious allegations as President Trump’s more outlandish allegations against the Mar-a-Lago search warrant, the issue could linger for some time.

Ultimately even Cannon is expected to apply legislation that renders the motion clearly unsupportable, but Trump has used the candidate’s loudspeakers to publicly expand allegations of prosecutorial misconduct. Never before has there been so much opportunity to take advantage of All of this only exacerbates his enduring legacy of bitter polarization.

And that’s just one of the unsound motions the Trump campaign is expected to submit. Disputes over the terms of use of memos and confidential documents by former attorney Evan Corcoran are also expected, which could create opportunities for further delays.

It’s starting to look like justice has finally caught up with Trump, a prolific fugitive artist for decades. But there is a way out of the predicament he finds himself in – arguably the most dangerous one of his career. I still hold the rule of law in my favor, but a combination of political victories, thoughtful judges, and immense luck may allow him to escape responsibility.

Hosted by Harry Littman Podcast “Talking Fed”. @Harry Littman